08-11-2025 - Agenda Packet City Council - regular meeting

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AGENDA ITEM Date: August 11, 2025 Title: LA25-000025, 1530 Orchard Beach Place, Variance Presenter: Matt Karney, Planner Section: Community Development Report Purpose: The applicant requests approval of an average lakeshore setback variance to construct an accessory building. Item: 17 2. MN§15.99 Application Deadline: The application was made on June 17, 2025 and deemed complete on June 20, 2025. The 60-day review period expires on August 19, 2025. 3. Background: The applicant proposes an accessory building, a pool cabana, in the lakeyard of the property, where a permitted patio and pool are under construction. As the property is adjacent to right-of- way, the average lakeshore setback is defined by the distance between the ordinary high water level (OHWL) and the adjacent residence to the east, making a setback of 129 feet from the OHWL. Link to Planning Commission Packet 4. Planning Commission Vote and Comment: On July 21, 2025, the Planning Commission held a public hearing for the requested variance. The Planning Commission, in their discussion, determined the application of the average lakeshore setback created a practical difficulty for the applicant. The Commission noted that right-of-way for Orchard Beach Place creates a unique setback line. If the subject property were to measure the average lakeshore setback using the residence on the property to the west of the right of way, there would be a conforming building envelope for an accessory building. Additionally, the Commission noted that the sightlines from the property to the east would not be impacted by the proposed building and there is established vegetation along the property line to create additional screening. A variance for building separation was requested with the original application, as the proposed accessory building was within the required 10 feet of separation with the primary residence. The Planning Commission provided a recommendation of approval on a vote of 4 to 0 for the ALS variance, contingent on the applicant revising their plans to meet the 10 feet of separation between the accessory building and the residence, while not impacting the side -to -street setback to the west. The applicant has submitted an updated plan addressing the Commission's motion, included as Exhibit A Link to Planning Commission Video Public Comment: One (1) public comment has been received in support of the application, attached as Exhibit C. 155